PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Anne Smyth

Cr Elaine South

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr Bob Morrison and Cr John Ainsworth are on approved leave.

 

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.3 Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate under the Local Government Act as Cr MacDonald’s sister owns the adjoining property and it may affect the price of her property or amenity.  Cr MacDonald left the meeting for this

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.2 Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014 under the Local Government Act as Cr Hoban was involved in negotiating the Conditions of Consent for this quarry prior to becoming a Councillor.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 October 2014

 

534/14 RESOLVED:        (Flack/MacDonald)

 

That the minutes of the Ordinary Council Meeting of 30 October 2014 be confirmed.

 

 

 

DELEGATIONS

 

RECOMMENDATION:

 

That the following delegations be heard:

 

Item 9.5       Rates Dispute - Mr N & Mrs J Sheather & Mr B McIlwain - Sale Contracts for Partial Acquisitions for the Pacific Highway Upgrade

          i)       Mrs Joy Sheather—Land owner

          ii)      Mr Noel Sheather—Land owner

 

Mrs Sheather addressed Council making the following points:

·    Wants to set record straight as to false and misleading report to Council

·    Referred to unconscionable behaviour by Council staff

·    RMS does not levy rates

·    2013 they were disposed of their property for highway upgrade

·    Agreement made with RMS

·    Upon settlement second quarterly rates were paid to Council

·    Council advised they had an outstanding rate

·    Corrected 3rd instalment notice issued by Council’

·    They and Mr McIlwain did not wish to pay rates on land  no longer owned

·    Two new valuations issued by Valuer General

·    Council refused to issue new rate notice for two quarters in question

·    Received letter of demand which was bullying and intimidating

·    Sheather’s and Mr McIlwain have been threatened with legal action by Council

·    Council advised it would not be lawful to issue revise rate notices

·    Nine rate notices issued for same land to different parties for different amounts

·    Three different land titles amalgamated into one title

·    If Council has not budget for rates it is their fault

·    They are fighting a principle not the amount of money

·    Council should make sure it is dealing with the right parties

·    Gross incompetence has been shown by Council – want matter resolved not noted.

 

Mr Sheather addressed Council making the following points:

 

ITEM 9.5      SF841                131114      Rates Dispute - Mr N & Mrs J Sheather & Mr B McIlwain - Sale Contracts for Partial Acquisitions for the Pacific Highway Upgrade

535/14 RESOLVED:        (Flack/Smyth)

 

That Council note the information concerning the rates dispute involving Mr N & Mrs J Sheather and Mr B McIlwain and the action taken by Council staff in seeking the recovery of the outstanding rates.

 

536/14 Resolved:        (Hoban/Flack)

 

That Council write to the Minister for Roads with a copy to the Local Member pointing out the issues created when the RMS resume land without making clear in their standard contracts the liability for rates.  Further, that the RMS should be obtaining Section 603 certificates and ensuring that the balance for the year is paid.  Further, that the Council request the RMS pay the balance of rates payable on any of the properties they acquire.

 

 

DELEGATIONS continued

 

537/14 Resolved:        (South/Flack)

 

That Mr Paul Burgess be given the opportunity to address Council on Item 9.3 Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate.

 

 

Cr MacDonald left the meeting for Item 9.3 at 6.12 pm and returned after the conclusion of the item at 6.21 pm.

 

Mr Burgess addressed Council making the following points:

 

ITEM 9.3      PRF72                131114      Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

538/14 RESOLVED:        (Finlayson/Smyth)

 

That this matter be deferred for one month to allow time for Mr Burgess to provide documents to Council in regard to his water rights.

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due Notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1      SF959                131114      Outstanding Actions and Reports

539/14 RESOLVED:        (Flack/Smyth)

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

ITEM 9.2      SF1026              131114      NSW Government Response to the "Inquiry into the 2012 Local Government Elections"

540/14 RESOLVED:        (Finlayson/MacDonald)

 

That the information concerning the NSW Government’s response to the “Inquiry into the 2012 Local Government Elections” be received.

 

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

ITEM 9.4      SF639                131114      Changes to the Organisation Structure

541/14 RESOLVED:        (MacDonald/Finlayson)

 

That the organisation structure be amended as follows:

 

1        Payroll Officer be changed from full-time to part-time at 21 hours per week

2        Water Attendant be deleted and replaced with the position of Plumber

3        Manager Civil Works be retitled Manager Infrastructure Services

4        Civil Works section be retitled Infrastructure Services Section

5        Community Development Officer be changed from part-time at 28 hours per week to full-time

6        Youth Development Officer be deleted and replaced by Senior Community Development Officer.

 

542/14 Resolved:        (Hoban/MacDonald)

 

That Council formally acknowledge the performance, output and quality of the work of the Manager Human Resources and the Payroll Officer.

 

543/14 Resolved:        (Flack/Smyth)

 

That Council receive a report on how youth services will be maintained under the new structure.

 

 

Item 9.5 was dealt with under Delegations.

 

 

 

ITEM 9.6      SF430                131114      New Flying Fox Management Strategy

544/14 RESOLVED:        (Finlayson/MacDonald)

 

That Council make a submission on the Flying-Fox Camp Management Policy 2014 – Consultation Draft seeking a commitment of funding from the Office of Environment and Heritage towards the preparation of camp management plans.

 

 

 

ITEM 9.7      SF1947              131114      Outstanding DA's greater than 12 months, applications where submissions received not determined from 23 October to 5 November 2014

545/14 RESOLVED:        (Finlayson/MacDonald)

 

That the applications where submissions have been received be noted and received for information by Council.

 

 

 

ITEM 9.8      SF674                131114      Acquisition of Land from Forests NSW for the Future Extension of the Nambucca Waste Management Facility

546/14 RESOLVED:        (Finlayson/South)

 

1        Council enters into formal negotiations with Forests NSW for the acquisition of the forestry land shown on the plan attached to the report.

 

2        That the outcome of the formal negotiations be reported to Council.

 

3        That Council resolves to prepare a gateway proposal to rezone the forestry land shown on the plan to SP2 (Waste Management Facility) attached to the report.

 

4        That Council notifies adjoining and nearby owners of its intentions and advise that there will be further consultation during the preparation of the local environmental plan and also through the exhibition of the development application.

 

5        That Bellingen Shire Council and Coffs Harbour City Council be advised of Council’s actions.

 

 

 

ITEM 9.9      SF1947              131114      Construction And Complying Development Certificates Approved November 2014

547/14 RESOLVED:        (Finlayson/MacDonald)

 

That the Construction and Complying Development Certificates approved for October 2014 be noted and received for information by Council.

 

 

 

ITEM 9.10    SF1947              131114      2014 November - Development and Complying Development Applications Received

548/14 RESOLVED:        (Smyth/Finlayson)

 

That the Development Applications and Complying Development Applications received in November 2014 be received for information.

 

 

 

General Manager Report – LATE

 

ITEM 9.11    SF1496              131114      Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting - 30 October 2014

549/14 RESOLVED:        (Finlayson/Flack)

 

1        That Council endorses the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Thursday 30 October 2014.

 

2        That Council becomes a fish-friendly Council and invites a Fisheries representative to provide a fish-friendly workshop to relevant Council staff and any interested Councillors and Committee members.

 

3        That Council proceeds to accept the tender by WMA Water for T031/2014 – Flood Risk Management Study and Plan project.

 

2        That Council updates the Contract Register.

 

For the motion:      Councillors Flack, Smyth, Finlayson, MacDonald and Smyth              (Total 5)

Against the motion: Cr Hoban             (Total 1)

 

Note:  Cr Hoban recorded her vote against the motion because the report was a late report and there was no mention of the tender amount.

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2025              131114      Fit for the Future Self-Assessment Tool

550/14 RESOLVED:        (MacDonald/Finlayson)

 

That the Fit for the Future self-assessment results be noted and received for information by Council.

 

 

 

ITEM 10.2    SF544                131114      Developer Contributions Report - Draft Final Community Needs and Public Open Space Study

551/14 RESOLVED:        (Smyth/Flack)

 

1        That Councillors’ changes, if any, be incorporated into the Draft Final Community Facilities and Public Open Space Study.

 

2        That following these changes the Draft Final Community Facilities and Public Open Space Study be on public consultation from 4 December 2014 to 29 January 2015.

 

 

 

ITEM 10.3    SF1991              131114      Investment Report To 31 October 2014

552/14 RESOLVED:        (MacDonald/Finlayson)

 

That the Accountants’ Report on Investments placed to 31 October 2014 be noted.

 

 

 

ITEM 10.4    SF251                131114      Schedule of Council Public Meetings

553/14 RESOLVED:        (Flack/South)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF2008              131114      Macksville Fun and Fitness Precinct Project

554/14 RESOLVED:        (Finlayson/Flack)

 

That Council receive and note the report

 

     

 

The meeting adjourned at 7.37.

The meeting resumed at 8.12 pm.

 

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

555/14 RESOLVED:        (Finlayson/Flack)

 

That Council defer the two items listed for Closed Meeting:

 

i)          General Manager's Performance Review

ii)        Ii)       Quarry Solutions Pty Ltd v Nambucca Shire Council - Update on Directions Hearing Held 3 November 2014.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.15 pm. 

 

Confirmed and signed by the Mayor on 27 November 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)